Slip and Fall Cases and The Burden Of Proof in NJ

You are entitled to seek the professional advice of a personal injury lawyer to help you present the most compelling evidence in your slip and fall case.

Burden of Proof for a Slip and Fall Case in NJCollecting a sufficient amount of evidence to meet the burden of proof for a slip and fall incident may be one of the most complicated steps for this type of case. It involves proving that the business owner neglected to correct any abnormality in their establishment that could lead to an incident. Also, the claimant needs to prove that the slip and fall actually took place in the particular business location they are identifying.

Crucial Elements to Build a Slip and Fall Negligence Claim

Three crucial elements need to be evaluated on a slip and fall case to deem it a valid negligence claim, following the same legal procedure as any other negligence case. The elements that truly combine to form a slip and fall claim are as follows:

Duty

A concept that recognizes a party’s contractual responsibility to another party, meaning the business owner is obligated to a legal duty of care, offers a safe environment to his customers, thus preventing any slip and fall incidents.

Breach of duty

It takes place when one of the involved parties in a case fails to comply with their duty of care towards the other party. Referring back to the slip and fall case, the business owner would have breached their duty of care towards the clients or claimants when an unsafe environment was known to be present and minimal warning was given to the buyers. For example, floors were cleaned and mopped, but no appropriate signaling was placed on warning of wet and slippery surfaces.

Causation

It is defined as the action from which the specific injury or incident occurred, thus holding a party liable for it. It usually is reserved for wrongful death cases, where the court must have the ability to determine a reasonable cause due to which the defendant’s breach of duty directly resulted in the death of the other party. Additionally, the court must also prove that the business owner is truly negligent and did not prevent the incident.

For example, going back to the slip and fall case, the business owner would have also failed to request a warning signal or demand to clean the surface, even after being aware of the wet and slippery floor. Therefore the burden of proof lies on the complainant’s ability to collect sufficient evidence and witnesses, attesting to his version of the facts, to receive damages for any personal injuries sustained due to a trip, slip, and fall event leading to serious injuries.

Obtaining Injury Compensation Does Not Need To Be Frustrating

Obtaining Injury Compensation Does Not Need To Be FrustratingBack in 1996, a popular case in the New Jersey Supreme Court, titled Wollerman v. Grand Union Stores, forced a change in how obtaining personal injury compensation is perceived, that is, not necessarily a frustrating ordeal. The Wollerman Rule states that some stores or businesses are more prone to be risky environments for their visitors based on the very nature of the manner in which they conduct business. In other words, more interactions and the type of interactions that occur in the particular type of business make accidents more of a likelihood than in others. A grocery store, for example, selling produce (vegetables and fruits) in open bins may have to keep a closer eye on produce falling to the floor, thus increasing the possibility of slips. The business is then responsible for implementing a client safety protocol designed to reduce the risk level during their operations and customer servicing schedules. In an example such as this one, the burden of proof would be in the defendant’s hands instead of the claimant’s.

Contact our Personal Injury Lawyers for a Free Consultation

If you or a loved one are in the middle of a slip and fall case and need to understand how to gather sufficient evidence to meet the burden of proof that makes you eligible for personal injury compensation, you are entitled to seek the professional advice of a personal injury lawyer. At The Law Office of Kamensky, Cohen & Riechelson, we passionately advocate for clients who have been injured in accidents in Trenton, Princeton, Hamilton, and the greater Mercer County area. Whether you are currently involved in a personal injury claim, have questions regarding the burden of proof on slip and fall incidents, or need a talented attorney who can help you navigate all the nuances and legalities to safeguard your best interests, contact our firm today.

You can call us at 609-528-2596 or contact us through our online contact form to schedule a free and confidential consultation to discuss your individual needs and concerns.

Slip and Fall Claims Attorneys Helping Clients In Mercer and Middlesex County

Advising clients facing slip and fall-related injuries across New Jersey in Hamilton Township, Trenton, Ewing and across Mercer and Middlesex County

Slip and Fall Claims Attorneys Helping Clients in Mercer Middlesex CountyNew Jersey winters are a cold, wet, wild ride. During winter, you must be especially careful when walking so as not to slip and injure yourself, but such falls can happen at any time and in any place. Dangerous conditions are not limited to the icy outdoor conditions New Jersey is subject to during winter, such as on sidewalks and in car parks; in fact, snow, ice, and rain can make their way indoors and turn any surface into a danger zone. Downpours at all times of the year seep underneath the doors of many businesses, turning their front lobbies into a puddle spelling disaster.

Falls are responsible for more than eight million hospital visits to the emergency room, which accounts for more than one of every five visits, according to the National Floor Safety Institute.

New Jersey law holds that business owners are responsible for maintaining the grounds of their property, internally and externally. This includes ensuring that slippery conditions do not exist, no matter the weather outside. If someone slips and falls on a business’s property, it is likely that the victim may have rights to personal injury compensation or other damages. This type of ‘slip and fall claim’ requires the expertise of a personal injury lawyer. Representation by a personal injury law firm ensures that the victim will receive the full and rightful compensation for injuries sustained as a result of the negligence or dangerous conditions of the business’s grounds, and of its management.

What is a slip and fall claim?

A slip and fall claim is filed to seek recovery for injury or damages occurring due to unsafe conditions on a business’s property. Many slips, trips, and falls that happen on business property are due to fraying carpet and slippery linoleum flooring. Injuries occurring as a result of a slip and fall can be serious, including injury to the head, neck, back, spinal cord, and hips, and traumas or fractures of many kinds. Such a fall could even cause trauma to the brain. The Bureau of Labor Statistics reported that in New Jersey in 2016, falls, slips or trips resulted in the deaths of 26 people.

Most Common Injuries Associated With Slip and Falls

Of slips and falls, the National Floor Safety Institute reports that fractures are the most prevalent serious result of slips and falls that occur in one’s workplace, injuring 5 percent of those injured in a fall. And among people over the age of 65, 87 percent of all fractures happen as a result of falls, which are also the second leading cause of spinal cord and brain injuries among the elderly.

Delayed Symptoms and the Importance to File a Claim After a Trip and Fall Accident

Even if at first appearing mild, these types of injuries can keep someone from being able to work for extended periods of time as symptoms begin to show themselves after the initial stress functioning has subsided. As such, it is important to file a slip and fall personal injury claim if you feel you may have been injured due to slippery conditions. A victim is responsible for filing a claim within two years of the accident to be able to seek damages. In the meantime, it is important to keep documented reports and receipts of medical expenses incurred as a result of the injury, as well as a detailed case file.

When will a property owner be held legally responsible for the accident?

A property owner will be held legally responsible if any of the following conditions are present when an accident occurs:

  • it can be proven that the property owner knew about the dangerous condition and did not remedy the situation;
  • the property owner or an employee personally caused the danger; or
  • the property owner and employees did not notice the dangerous condition, though it was an obvious and apparent danger.

If the property owner is found to meet any of the above conditions, they will be legally responsible for covering all injuries and damages claimed as a result of an accident on their property.

Contact Our Mercer County Slip and Fall Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our experienced attorneys are well poised to help victims of slips and falls across Hamilton Township, Trenton, Ewing and across Mercer County, and ensure that you recover your fair share of damages for any injuries sustained in the accident.

We pride ourselves on our integrated approach to protecting the legal rights of victims no matter the extent of their injury. To contact a member of our highly skilled personal injury law team and schedule a personal consultation, please call (609) 528-2596 or fill out our online contact form.

Slip and Fall Laws in New Jersey to Pennsylvania

Serving slip and fall injury clients in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County

A common premises liability case in Pennsylvania and New Jersey is a slip, trip, and fall accident case. A slip and fall occurs when water, a slippery substance, debris or another type of foreign object causes your feet to slip from underneath you. A pedestrian may trip and injure themselves on a sidewalk, staircase, in a parking lot, or due a failure to clear the ice and snow off walkways.

If you or someone close to you has been a victim of a slip & fall injury, and the cause of the injury is related to the negligence of the property owner to maintain a safe environment, we can help and will fight for you to provide the counsel required to pursue the compensation you will need and you deserve for the road ahead. The experienced slip and fall lawyers at Kamensky Cohen & Riechelson can provide you with the knowledgeable advice and advocacy you need during a time where you may not know what to do our where to turn.  Contact us online or by telephone, at 609.528.2596, to arrange a consultation with one of our knowledgeable premises liability lawyers.

The viability of a case may vary from state to state. It is important to understand the difference in state law from New Jersey and Pennsylvania, specifically as it relates to ownership of the property and number of families or individuals that occupy the dwelling.

Bensalem PA Slip and Fall Laws

Pennsylvania Residential and Commercial Slip and Fall Laws

In Pennsylvania, the laws and regulations are similar as it relates to commercial properties or multi family dwellings. Although residential single family home owners do not have the same maintenance obligations as apartment building, condominium and commercial property owners and managers; unlike New Jersey they still can be held liable for an accident or injury that occurs on their property under certain circumstances.

Pennsylvania Ice and Snow Law

Pennsylvania and New Jersey are slightly different on slip and fall cases when it comes to, say ice and snow. Pennsylvania has a requirement called the Hills and Ridges Doctrine which means that the snow can´t be fresh snow. It has to have bumps or lumps, something like that to show that it existed for a period of time and someone went through it.

PA Commercial Property Business Invitee Rule

The law is slightly different when it comes to commercial establishments in Pennsylvania. They have what’s called the Business Invitee Rule, and in Pennsylvania Business Invitee is owed the highest duty under the law; so if you go to a shopping center or someplace that’s a business, they have an obligation to you to clear the sidewalks, to clear the parking lots and to make sure that there´s not ice and snow. New Jersey has similar requirements but not quite as strict as Pennsylvania.

Trenton NJ Slip and Fall Laws

New Jersey Single Family Property Slip and Fall Lawyers

New Jersey Law protects owners of single family dwellings from being held liable for a slip or trip and fall accident on their property. Due to the fact that a single family home is not a commercial property, in existence for the purpose of making a profit, the owners and their families are not held liable for keeping the property safe the same way that a landlord, business owner, or employee of a business in a commercial property have the obligation to keep the area safe for individuals that may be walking through and/or doing business there.

According to New Jersey law, if you have an accident on a single-family property, the property owner cannot be held liable for your accident. Why not? Because unlike a commercial property, where the owner and staff can be held responsible, a single-family property owner does not have a duty to keep the area safe for visitors. The commercial property’s purpose is to create a profit and because of this, it is the responsibility of that property owner as well as the employees to make sure the area is safe for its customers. A single-family property owner does not have the same responsibility and therefore, is not responsible for your accident.

New Jersey Multi Family Dwelling Slip and Fall Laws

However, it’s a different story when it comes to a slip and fall accident in an apartment building, condo complex, or any other type of multi-family dwelling in New Jersey. Yes, the residents are not responsible for any accidents on the property. Yet, the same cannot be said for the owner of the multi-family property. Since the owner is getting a profit from those living in the building or complex, the owner and any managers of the property are responsible for keeping the area safe. So if you have a slip and fall accident while visiting a friend at his/her apartment complex, you can sue the property owner for liability.

Preventing Slips, Trips, and Falls in Philadelphia PA

A slip, trip or fall at work can lead to injuries – and even death. In 2014, injuries from slips, trips and falls resulted in 247,120 cases involving days away from work, and 818 worker deaths, according to the 2017 edition of “Injury Facts,” a National Safety Council chartbook,

Take a look at Safety and Health Magazine’s article, which provides some practical advice on thigns to do to prevent slip and falls from happening:

  • Either clean up a spill right away or put a wet floor sign up just as quickly.
  • Walkways and hallways should always be kept free of clutter, debris, snow, ice, etc.
  • Cables and cords should be taped to the ground.
  • Maintain working lights and replace light bulbs right away.
  • Replace word flooring and consider replacing with abrasive floor mats.
  • Keep filing cabinets and desk drawers shut when not in use.
  • Encourage workers to wear comfortable, properly fitted shoes.

Contact a Mercer County Personal Injury Lawyer to properly file your case

Do not hesitate to consult with an experienced personal injury attorney as soon as possible. You only have a two-year statute of limitations before you lose your right to sue for compensation for your medical bills, lost wages and pain and suffering.

Under the law, you might be entitled to reimbursement for medical costs you incur as a result of an injury due to a fall. You might also be entitled to compensation for pain, suffering, life changes and/or missed work, depending on the cause and circumstances of the fall. Our roster of personal injury lawyers includes experienced senior attorneys who have been litigating and/or negotiating personal injury claims in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County for more than 40 years.

If you or someone close to you has suffered a slip & fall injury due to property owner negligence, at Kamensky, Cohen, and Riechelson we are able to help you pursue compensation for your losses. Contact us online or by telephone at 609.528.2596 to arrange a consultation with an experienced New Jersey premises liability attorney.